HomeMy WebLinkAboutbocc.con.045.20192017-11-13 btf
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item 118.58.02506.82722
Procurement Method:
Type:
Contract Start Date
Contract End Date
Contract Type
Retainage
If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form.
Contact Information:
Department
County Representative Lindsey Utter County Representative
Phone (970) 920-5224
Provide a brief description of the contract:
Contract Value Summary:
$ 85,000.00
$ -
$ -
$ 85,000.00
.045.2019
Pitkin County
Procurement Cover Sheet
Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement
No
Carbondale to Crested Butte NEPA Work
ERO Resources
$ -
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$ -
$ -
$ -
$ -
Sole Source
Services/Maintenance
2/1/2019
1/31/2020
New Contract
NOTE: Clerks Office will keep original documents in compliance with Colorado State Archives retainage
Open Space & Trails
NEPA Support services for the Carbondale to Crested Butte trail project
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
New Contract Total
Rev 2018-10-10 btf
Note: Every effort should be made to obtain a written contract when otherwise required under County
procedures. When a contract is obtained, complete the Clerk’s check list and send the original signed contract
with coversheet to clerk’s office for archiving.
1
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
TO: Jon Peacock, County Manager
DATE: January 30, 2019
FROM: Lindsey Utter, Planning and Outreach Manager
Proposed Contractor: ERO
Product/Service: Carbondale to Crested Butte NEPA Work
Estimate expenditure for the above Product/Service: $ 85,000
This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of
this form. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original
manufacturer, no regional distributor, standardization etc):
Explain:
ERO has been the environmentatl contractor on the Carbondale to Crested Butte Trail Planning, including
conducting extensive field work to date. Their background and knowledge of the trail study area is
invaluable and it would be a significant cost to the County to switch directions midproject and go back out
to bid. ERO has done an excellent job and staff feels that they would provide us with the best product and
at the best value during the NEPA process review for the the Forest Service.
Rev 2018-10-10 btf
Note: Every effort should be made to obtain a written contract when otherwise required under County
procedures. When a contract is obtained, complete the Clerk’s check list and send the original signed contract
with coversheet to clerk’s office for archiving.
2
The undersigned requests that Pitkin County waive other procurement requirements and recognize this
transaction as a sole source exception to the Pitkin County Procurement Code.
Department Head Section Head
!#COUNTY REPRESENTATIVE#! Date !#SECTION LEADER#! Date
County Manager
Reason for Denial:
______________________________________________
!#COUNTY MANAGER SOLE#! Date
Feb-11-2019
Gary Tennenbaum
Pitkin County Open Space and Trails Director
Phylis Mattice
Assistant County Manager
Feb-11-2019
Jon Peacock
Feb-14-2019
County Manager
Approved
Contract # 045.2019 Revision: 2018-06-13 btf
Budget Line Item # 118.58.02506.82722
1
PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT, made February 8, 2019 by and between the Board of County Commissioners
of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the
“County”) and ERO Resources, 1842 Clarkson Street, Denver, CO 80218 (hereinafter called the
“Contractor”) to perform the following work: Carbondale to Crested Butte NEPA Work
(“Project”).
I. Term of Contract: The term of this Contract is from February 1, 2019 to January 31,
2020. At the expiration of the initial term, the contract may be extended for two (2)
additional terms of one (1) year by the express written consent of both parties.
II. Contractor’s Obligations. Contractor shall perform NEPA services for the Carbondale
to Crested Butte trail. The NEPA process will analyze the proposed action and
alternatives and will document known or potential environmental effects of the project.
The appropriate NEPA analysis document is expected to be an Environmental
Assessment (EA). The EA analysis will be limited to the portions of proposed trail from
Redstone south to the top of McClure Pass.
The following NEPA tasks are to be completed for the project:
1. Project Management - Project management, coordination, etc.
2. Kickoff and Site Visit – Meeting and site review with OST, USFS and CDOT
3. Coordination Meetings – Ongoing coordination with OST, USFS, CPW, CDOT
and other key partners
4. Data Collection – Wildlife, vegetation, cultural, scenery, recreation,
socioeconomics, and other resources; based primarily on existing data and
information
5. EA Development – Effects analysis, EA document preparation, and public
notice
6. Public Meetings – Public meetings at scoping and Draft EA review
7. Decision Notice – Completion of Decision Notice and Finding of No Significant
Impact
8. BA/BE – Consultation documents for federally-listed species
9. Administrative Record – Compilation of documents and communications for
the project record
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Budget Line Item # 118.58.02506.82722
2
The cost estimate to complete these NEPA tasks is based on the following assumptions:
• An EA is the appropriate document and level of detail to complete the NEPA
analysis
• The level of analysis and detail will be consistent with what is typically required
for a USFS EA
• About 3 to 4 in-person meetings with OST, USFS, or other key partners will be
needed
• The process will include two rounds of public meetings (scoping and Draft EA
review), with two meetings in each round
• One ERO staff member will be present at each public meeting
• OST will take the lead on compiling, coding, documenting, and responding to
public comments; ERO will provide limited technical guidance
• USFS EA analysis will be sufficient for CDOT requirements
• For wildlife, existing data and agency consultations will be sufficient; no
species-specific or habitat surveys will be necessary
• For vegetation, existing data will be sufficient; no species-specific surveys or
wetland delineations will be necessary
• For cultural resources, findings from 2017 surveys will be sufficient; no
additional field work will be necessary
• ERO’s 2018 socioeconomic report will be sufficient for the analysis, besides
updated annual data
• Visual resource analysis will be based on photos and descriptions; no
simulations or modeling will be necessary
• Several resources (including geology and soils, hydrology, hazardous waste,
paleontology, air quality, mineral resources, and noise) will be dismissed from
analysis and require no further work
Based on the understanding of the project, including the above assumptions, ERO
proposes to complete these EA development tasks for $85,000.00. These services
would be conducted on a time-and-materials basis. Any changes to the scope of work,
including tasks required or level of effort or detail that is beyond a typical EA process
will be discussed and resolved with USFS and OST. A list of estimated costs for any
additional services to be added to this Contract by change order as-needed has been
included as Attachment A.
III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budget and
Schedule set out in Paragraph II. It is expressly understood and agreed that in no event
will the total compensation and reimbursement to be paid hereunder exceed the sum of
Eighty-Five Thousand dollars and Zero cents ($85,000.00) for all services rendered.
By contract or amendment, the County and Contractor may reallocate the budget
among project tasks if the total budget amount remains unchanged. Contractor shall
invoice for the project monthly based on hours worked, with payment expected within
Contract # 045.2019 Revision: 2018-06-13 btf
Budget Line Item # 118.58.02506.82722
3
thirty (30) days of invoice. Any payment by the County may be offset by any amount
the Contractor owes the County for any reason.
IV. County’s Exclusive Ownership of Work Product. Drawings, specifications,
guidelines and other documents prepared by Contractor in connection with this
Contract shall be the property of the County. However, Contractor shall have the right
to utilize such documents in the course of its marketing, professional presentations, and
for other business purposes. Contractor assigns to County the copyrights to all work
prepared, developed, or created pursuant to this Contract, including the right to: 1)
reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4)
perform the works publicly; and 5) to display the work publicly. Contractor shall have
right to use materials produced in the course of this Contract for marketing purposes
and professional presentations, articles, speeches and other business purposes.
V. Pitkin County’s Obligations. Pitkin County shall administer this Contract through
a County Representative. Lindsey Utter, Planning and Outreach Manager will manage
the project as the County’s Representative. In the event that Lindsey Utter is not
available, an authorized designee shall assume the County Representative’s duties. The
services provided and products delivered by the Contractor under this Contract will be
subject to review by the County’s Representatives, or a designee, for compliance with
Contractor’s obligations prior to final payment.
VI. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this Contract, with or without cause, by giving written notice to the
Contractor of such termination and specifying the effective date thereof. Such notice
shall be given at least ten (10) days before the effective dat e of such termination. In
such event all finished or unfinished documents, data, studies and reports prepared by
the Contractor pursuant to this Contract shall become the County’s property. Contractor
shall be entitled to receive compensation in accordance with the Contract for any
satisfactory work completed pursuant to the terms of this Contract prior to the date of
termination. Notwithstanding the above, Contractor shall not be relieved of liability to
the County for damages sustained by the County by virtue of any breach of the Contract
by the Contractor.
VII. Independent Contractor Status.
A. The parties to this Contract intend that the relationship between them contemplated
by the Contract is that of independent contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee, agent,
or servant of Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under
this Contract. Contractor may choose to work for other individuals or entities
during the term of this Contract, provided that the basic services and deliverable
Contract # 045.2019 Revision: 2018-06-13 btf
Budget Line Item # 118.58.02506.82722
4
products required under this Contract are submitted in the manner and on the
schedule defined under this Contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor’s obligations
under this Contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under
this Contract.
E. Contractor is not entitled to any Workers’ Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income
taxes.
VIII. Assignability. This Contract is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this Contract must be accepted in
writing by the County.
IX. Severability. In the event that any provision of this Contract shall be held to be invalid
or unenforceable, the remaining provisions of this Contract shall remain valid and
binding upon the parties hereto.
X. Integration and Modification.
A. This Contract represents the entire and integrated Contract between the County and
the Contractor and supersedes all prior negotiations, representations, or contract,
either written or oral. This Contract may be amended only by written contract
signed by both the County and the Contractor.
B. The County may, from time to time, request changes in the scope of services of the
Contractor to be performed hereunder. Such changes, including the increase or
decrease in the amount of the Contractor’s compensation, which are mutually
agreed upon between the County and the Contractor, shall be in writing and upon
execution shall become part of this Contract.
XI. Indemnity.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's
right to participate, defend the County, its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees,
agents, volunteers, and any jurisdiction or agency issuing permits for any work
included in the project, hereinafter referred to as indemnitee, from all suits and
claims, including attorney's fees and cost of litigation, actions, loss, damage,
expense, cost or claims of any character or any nature arising out of the work done
in fulfillment of the terms of this Contract or on account of any act, claim or amount
arising or recovered under workers' compensation law or arising out of the failure
of the Contractor to conform to any statutes, ordinances, regulation, law or court
decree. It is agreed that the Contractor will be responsible for primary loss
Contract # 045.2019 Revision: 2018-06-13 btf
Budget Line Item # 118.58.02506.82722
5
investigation, defense and judgment costs where this Contract of indemnity applies.
In consideration of the award of this Contract, the Contractor agrees to waive all
rights of subrogation against the County its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees,
agents, and volunteers for losses arising from the work performed by the Contractor
for the County.
B. The Contractor further shall investigate, process, respond to, adjust, provide
defense for and defend, pay or settle all claims, demands, or lawsuits related hereto
at its sole expense and shall bear all other costs and expenses related thereto, even
if the claim, demand or lawsuit is groundless, false or fraudulent.
XII. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract
are satisfied, insurance against claims for injury to persons or damage to property which
may arise from or in connection with the performance of the work hereunder by the
Contractor, its agents, representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in
no way limit the indemnity covenants contained in this Contract. The policies shall
include, or be endorsed to include, the following provision: On insurance policies
where the County is named as an additional insured, the County shall be an additional
insured to the full limits of liability purchased by the Contractor even if those limits of
liability are in excess of those required by this Contract.
The County in no way warrants that the minimum limits contained herein are sufficient
to protect the Contractor from liabilities that might arise out of the performance of the
work under this Contract by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor shall assess its own risks and if it deems appropriate
and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not
relieved of any liability or other obligations assumed or pursuant to the Contract by
reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or
types. Commercial General Liability Completed Operations coverage must be kept in
effect for up to three (3) years after completion of the project.
A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits
of liability requirements provided that the coverage is written on a “following form”
basis.
1) Statutory Workers’ Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or subcontractor
is exempt under Colorado Workers’ Compensation Act AND when
such contractor or subcontractor executes the appropriate sole
proprietor waiver form.
Contract # 045.2019 Revision: 2018-06-13 btf
Budget Line Item # 118.58.02506.82722
6
Minimum Limits:
Coverage A (Workers’ Compensation) Statutory
Coverage B (Employers Liability)
$ 500,000
$ 500,000
$ 500,000
2) Commercial General Liability – ISO 1CG 0001 form or equivalent.
(With County named as an additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Fire Damage (Any One Fire) $ 50,000
Medical Payments (Any One Person) $ 5,000
Coverage to include:
Premises and Operations
Explosions, Collapse and Underground Hazards
Personal / Advertising Injury
Products / Completed Operations
Liability assumed under an Insured Contract (including defense costs assumed under
contract)
Independent Contractors
Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997
Edition or equivalent)
Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010
(2004 Edition or equivalent)
Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalent)
The policy shall be endorsed to include the following additional insured language
on the Additional Insured Endorsements specified above: “County, its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, and volunteers named as an additional insured
with respect to liability and defense of suits arising out of the activities performed
by, or on behalf of the Contractor, including completed operations”.
3) Auto Liability: Bodily injury and property damage for any owned,
hired and non-owned vehicles used in the performance of this Contract.
Minimum Limits: Statutory
Contract # 045.2019 Revision: 2018-06-13 btf
Budget Line Item # 118.58.02506.82722
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Coverage Bodily/Property Damage (Each Accident)
$ 1,000,000
4) Special Coverages (check as appropriate and insert amount):
a. ☐ Performance Bond $
b. ☐ Professional Errors and Omissions
c. ☐ Aircraft Liability
d. ☐ Owner’s Protective
e. ☐ Builder’s Risk
f. ☐ Boiler and Machinery
g. ☐ Loss of Use Insurance
h. ☐ Pollution Liability
i. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity
Bond
B. Proof of Insurance:
1) Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended,
voided or canceled except after thirty (30) days prior written notice has been
given to the County, except when cancellation is for non -payment of
premium, then ten (10) days prior notice may be given. Such notice shall
be emailed directly to Procurement@pitkincounty.com. If the insurance
carrier will not provide the required notice, the Consultant/Contractor and
or its insurance broker shall notify the County of any cancellation, or
reduction in coverage or limits of any insurance within seven (7) days of
receipt of insurers’ notification to that effect. Simultaneously with the
Certificates of Insurance, the Contractor shall file with the Project Lead a
certified statement as to claims pending against the required coverages,
reserves established on account of such claims, defense costs expended and
amounts remaining on policy limits.
2) In addition, these Certificates of Insurance shall contain the following
clauses:
a. The contractor’s insurance shall be primary and non-contributory with
any insurance or self-insurance purchased by the County.
b. The insurance companies issuing the policy or policies hereunder shall
have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy.
c. Any and all deductibles or self-insured retentions in the above-
described insurance policies shall be assumed by and be for the
amount of, and at the sole expense of the Contractor.
d. Location of operations shall be: “all operations and locations at which
work for the referenced Project is being done.”
Contract # 045.2019 Revision: 2018-06-13 btf
Budget Line Item # 118.58.02506.82722
8
3) Certificates of Insurance for all renewal policies shall be delivered to
the County’s Representative at least fifteen (15) days prior to a policy’s
expiration date except for any policy expiring on the expiration date of this
Contract or thereafter.
4) The County reserves the right to request and receive a copy of any
policy and any policy endorsement at any time during the term of this
Contract.
XIII. Exemptions and Preferences. All purchases of construction or building or any other
materials for this Contract shall not include Federal Excise Taxes or Colorado State or
local sales or use taxes. Pitkin County is exempt from such taxes under registration
numbers 98-02624 and 84-78000-5k.
XIV. Records. The Contractor shall maintain comprehensive, complete and accurate
books, records, and documents concerning its performance relating to this Contract for
a period of three (3) years after final payment under the Contract and the County shall
have the right within the three (3) year period to inspect and audit these books, records
and documents, upon demand, in a reasonable manner and at reasonable times, for the
purpose of determining, by accepted accounting and auditing standards, compliance
with all provisions of the Contract and applicable law.
XV. Contract Made in Colorado. The parties agree that this Contract was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is
agreed to be exclusively in the courts of Pitkin County, Colorado.
XVI. Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract, the substantially prevailing party shall be entitled to its costs
and reasonable attorney’s fees.
XVII. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive, by any provision of this Contract, the monetary
limitations or terms (presently $150,000 per person and $600,000 per occurrence) or
any other rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise
available to Pitkin County or any of its officers, agents or employees. Further, nothing
in this Contract shall be construed or interpreted to require or provide for indemnification
of the Contractor by the County for any injury to any person or any property damage
whatsoever which is caused by the negligence or other misconduct of the County or its
agent or employees.
XVIII. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only
currently budgeted expenditures of Pitkin County. Pitkin County’s obligations under
Contract # 045.2019 Revision: 2018-06-13 btf
Budget Line Item # 118.58.02506.82722
9
this Contract are subject to Pitkin County’s annual right to budget and appropriate the
sums necessary to provide the services set forth herein. No provisions of the Contract
shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond
the then current fiscal year of Pitkin County. No provision of the Contract shall be
construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other
financial obligation of Pitkin County within the meaning of any constitutional or
statutory debt limitation. This Contract shall not directly or indirectly obligate Pitkin
County to make any payments beyond those appropriated for Pitkin County’s then
current fiscal year. No provisions of this Contract shall be construed to pledge or create
a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this
Contract restrict the future issuance of Pitkin County’s bonds or any obligations
payable from any class or source of Pitkin County’s money.
XIX. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and
by one of the following methods 1) hand-delivery or 2) registered or certified mail,
postage pre-paid to the mailing addresses set forth below. Each party by notice sent
under this paragraph may change the address to which future notices should be sent.
Electronic delivery of notices shall be considered delivered upon receipt of
confirmation of delivery on the part of the sender. Nothing contained herein shall be
construed to preclude personal service of any notice in the manner prescribed for
personal service of a summons or other legal process.
To Pitkin County:
Lindsey Utter
530 E Main Street, Suite 201
Aspen, CO 81611
Email: Lindsey.Utter@PitkinCounty.com
with copies to:
Pitkin County Attorney’s Office
530 E. Main St., Suite #301
Aspen, Colorado 81611
Email: Attorney@pitkincounty.com
To Contractor:
ERO Resources
1842 Clarkson Street
Denver, CO 80218
Phone: (303) 830-1188
Email: bmangle@eroresources.com
XX. Public Contracts for Services and Public Contracts with Natural Persons. In
conformance with the provisions of C.R.S. §§ 8-17.5-101, et seq., as amended and
C.R.S. §§ 24-76.5-101, et seq., as amended:
A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities,
investment advisory services or fund management services, sponsored projects,
intergovernmental agreements, or information technology services or products and
Contract # 045.2019 Revision: 2018-06-13 btf
Budget Line Item # 118.58.02506.82722
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services] Contractor certifies, warrants, and agrees that it does not knowingly employ
or contract with an illegal alien who will perform work under this Contract and will
confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Contract, through
participation in the E-Verify Program established under Pub. L. 104-208 or the State
verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor
shall not knowingly employ or contract with an illegal alien to perform work under this
Contract or enter into a contract with a Subcontractor that fails to certify to Contractor
that the Subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this Contract. Contractor (i) shall not use E-Verify Program or
State program procedures to undertake pre-employment screening of job applicants
while this Contract is being performed, (ii) shall notify the Subcontractor and the
contracting State agency within 3 days if Contractor has actual knowledge that a
Subcontractor is employing or contracting with an illegal alien for work under this
Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop
employing or contracting with the illegal alien within 3 days of receiving the notice,
and (iv) shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor
and Employment. If Contractor participates in the State program, Contractor shall
deliver to the contracting State agency, Institution of Higher Education or political
subdivision, a written, notarized affirmation, affirming that Contractor has examined
the legal work status of such employee, and shall comply with all of the other
requirements of the State program. If Contractor fails to comply with any requirement
of this provision or §§8-17.5-101 et seq., C.R.S., the contracting State agency,
institution of higher education or political subdivision may terminate this Contract for
breach and, if so terminated, Contractor shall be liable for damages.
B. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq.,
C.R.S.
Contractor, if a natural person 18 years of age or older, hereby swears and affirms under
penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the
United States pursuant to federal law, (ii) shall comply with the provisions of §§24-
76.5-101 et seq., C.R.S., and (iii) has produced one form of identification required by
§24-76.5-103, C.R.S. prior to the Effective Date of this Contract.
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Budget Line Item # 118.58.02506.82722
11
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein
above.
ERO RESOURCES
________________________________________________
!#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO
RECOMMENDED FOR APPROVAL:
_________________________________________________
!#DEPARTMENT REPRESENTATIVE#! Date
MANAGER APPROVAL:
________________________________________________
!#COUNTY MANAGER#! Date
Feb-11-2019
Lindsey Utter
Pitkin County Open Space and Trails Planning and Outreach Manager
County Manager
Jon Peacock
Feb-14-2019
Principal
William Mangle
Feb-14-2019
Page 4
January 29, 2019
ERO
Resources
Corporation
Estimated Costs for Additional NEPA Services
Task Est. Cost
Additional stakeholder/partner meetings; combined with others
x Per meeting per person
x Assumes preparation and meeting time; travel and expenses combined
with existing meetings
$450
Additional stand-alone stakeholder/partner meetings
x Per stand-alone meeting per person
x Assumes preparation, unique travel, meeting, and expenses
$1,500
Additional ERO staff attending public meetings
x Per set of 2 meetings, per person (scoping x2 or Draft EA x2)
x Assumes preparation, travel, meeting, and expenses
$2,900
Public comment processing and reports
x Per phase (scoping or Draft EA)
x Assumes approx. 200 comments received
$7,200
Reconnaissance level-field surveys (biological, physical, visual resources)
x Technical specialist review of study area/corridor
x Summary documentation for USFS/EA
x Assumes preparation, travel, field review, expenses, documentation
$2,000
Detailed/technical field surveys
x Field surveys for specific resources (wildlife, wetlands, rare plants, etc.)
x Technical documentation for USFS/EA
x Assumes preparation, travel, survey, expenses, documentation
x Cost range is per resource survey/topic
x Specific costs depend on resource, survey method, and study area
$4,000 -
$6,500
Other potential services, as needed:
x Additional CDOT compliance/documentation
x Exceptionally detailed or rigorous analysis (beyond what is typical of a
USFS EA)
x Analysis of additional action alternatives
x Requirement for a supplemental draft EA
x New, unanticipated resource topics
TBD, based
on level of
detail
Additional tasks are based on 2019 labor rates and would be billed on a time-and-materials
basis with prior approval from OST.
Certificate Of Completion
Envelope Id: 5DB49291D5E24EBD95FF542E9FAB44FE Status: Completed
Subject: ERO Resources | Pitkin County Contract 045.2019 for Review and Signature
Department:
Source Envelope:
Document Pages: 15 Signatures: 6 Envelope Originator:
Certificate Pages: 7 Initials: 0 Pitkin County Procurement
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530 East Main Street
Suite 304
Aspen, CO 81611
Procurement@PitkinCounty.com
IP Address: 198.233.197.98
Record Tracking
Status: Original
2/7/2019 12:17:49 PM
Holder: Pitkin County Procurement
Procurement@PitkinCounty.com
Location: DocuSign
Signer Events Signature Timestamp
Lindsey Utter
Lindsey.Utter@pitkincounty.com
Pitkin County Open Space and Trails Planning and
Outreach Manager
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 65.38.144.66
Sent: 2/7/2019 12:57:01 PM
Viewed: 2/7/2019 3:22:35 PM
Signed: 2/11/2019 10:17:23 AM
Electronic Record and Signature Disclosure:
Accepted: 2/11/2019 10:16:09 AM
ID: 78a5134c-efcb-4390-858a-f29f00dfae31
Company Name: Pitkin County, Colorado
Gary Tennenbaum
gary.tennenbaum@pitkincounty.com
Pitkin County Open Space and Trails Director
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 65.38.144.66
Sent: 2/11/2019 10:17:27 AM
Viewed: 2/11/2019 10:40:20 AM
Signed: 2/11/2019 10:40:34 AM
Electronic Record and Signature Disclosure:
Accepted: 2/11/2019 10:40:20 AM
ID: d8b1f4c0-fa74-4c16-9311-1e788e7ae5fd
Company Name: Pitkin County, Colorado
Phylis Mattice
Phylis.Mattice@PitkinCounty.com
Assistant County Manager
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 65.38.144.66
Sent: 2/11/2019 10:17:27 AM
Viewed: 2/11/2019 11:20:33 AM
Signed: 2/11/2019 11:21:11 AM
Electronic Record and Signature Disclosure:
Accepted: 2/11/2019 11:20:33 AM
ID: cca15ccd-64ea-4a09-b2f4-b834b89a1830
Company Name: Pitkin County, Colorado
Signer Events Signature Timestamp
Jon Peacock
Jon.Peacock@PitkinCounty.com
County Manager
Pitkin County
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 65.38.144.66
Signed using mobile
Sent: 2/11/2019 12:03:32 PM
Resent: 2/14/2019 10:58:47 AM
Viewed: 2/14/2019 2:31:34 PM
Signed: 2/14/2019 2:32:42 PM
Electronic Record and Signature Disclosure:
Accepted: 2/14/2019 2:31:34 PM
ID: 7e8f69d7-29a8-433c-940b-fcedb38b632c
Company Name: Pitkin County, Colorado
William Mangle
bmangle@eroresources.com
Principal
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 162.247.247.114
Sent: 2/14/2019 2:32:46 PM
Viewed: 2/14/2019 2:42:28 PM
Signed: 2/14/2019 2:48:33 PM
Electronic Record and Signature Disclosure:
Accepted: 2/14/2019 2:42:28 PM
ID: 42bf7d7a-a801-417b-bf59-e4186de76179
Company Name: Pitkin County, Colorado
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Pitkin County Procurement
procurement@pitkincounty.com
Procurement
Pitkin County
Security Level: Email, Account Authentication
(None)
Using IP Address: 65.38.144.66
Sent: 2/11/2019 11:21:14 AM
Viewed: 2/11/2019 12:03:32 PM
Electronic Record and Signature Disclosure:
Accepted: 2/11/2019 12:03:32 PM
ID: a4dd9979-48ec-456d-8a1a-6f6a90ba9f53
Company Name: Pitkin County, Colorado
Carbon Copy Events Status Timestamp
Pitkin County Procurement
procurement@pitkincounty.com
Procurement
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 2/14/2019 2:48:41 PM
Resent: 2/14/2019 2:48:51 PM
Electronic Record and Signature Disclosure:
Accepted: 2/11/2019 12:03:32 PM
ID: a4dd9979-48ec-456d-8a1a-6f6a90ba9f53
Company Name: Pitkin County, Colorado
Carbon Copy Events Status Timestamp
Kim Arensdorf
kim.arensdorf@pitkincounty.com
Administrative Specialist
Security Level: Email, Account Authentication
(None)
Sent: 2/14/2019 2:48:45 PM
Viewed: 2/14/2019 2:49:37 PM
Electronic Record and Signature Disclosure:
Accepted: 11/29/2018 1:13:37 PM
ID: 19340e63-c442-4767-9fc1-d35d91baa4c0
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 2/14/2019 2:48:45 PM
Certified Delivered Security Checked 2/14/2019 2:48:45 PM
Completed Security Checked 2/14/2019 2:48:45 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically when we send you documents for
electronic signature.
Acknowledging your Access, Intent, and Consent to Receive and Sign Materials
Electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you were
able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to e-mail
this disclosure and consent to an address where you will be able to print on paper or save it for
your future reference and access. Further, if you consent to receiving notices and disclosures
exclusively in electronic format on the terms and conditions described above, please let us know
by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
I am establishing my intent to be bound to the transaction, and indicating that I am fully
aware of the purpose for which the signature is being provided.
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for for future reference and access; and
Until or unless I notify Pitkin County as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by Pitkin County during the course of my relationship with you.
Signing Documents without a Pitkin County DocuSign Account:
Pitkin County may not require all document signers to be authorized users of the Pitkin County
DocuSign Account. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to these terms and
conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this
document. When you don't have a DocuSign Account, you will be provided the opportunity to
agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can
download and retain this disclosure. Pitkin County will forward completed documents that
you've reviewed, processed or signed via email. Should you require copies of these signed
documents (e.g., if they get deleted from your email account) you should request those
documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin
County custodian who sent you the document for signature.
Signing Documents with a Pitkin County DocuSign Account:
Electronic Record and Signature Disclosure created on: 5/17/2018 5:03:03 PM
Parties agreed to: Lindsey Utter, Gary Tennenbaum, Phylis Mattice, Jon Peacock, William Mangle, Pitkin County Procurement, Pitkin County Procurement, Kim Arensdorf
Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to these terms and conditions, please
confirm your agreement by clicking the 'I agree' button at the bottom of this document.
Getting paper or electronic copies
At any time, you may request from us a paper or electronic copy of any record provided or made
available electronically to you by us. For such copies, as long as you are an authorized user of
the DocuSign system you will have the ability to download and print any documents we send to
you through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper or
electronic copies of any such documents from our office to you, you will be charged a $0 per-
page fee. You may request delivery of such paper or electronic copies from us by following the
procedure described below.
Withdrawing your consent
If you are an authorized DocuSign Account holder, you can decide to receive notices and
disclosures from us electronically, you may at any time change your mind and tell us that
thereafter you want to receive required notices and disclosures only in paper format. Described
below is the process for informing us of your decision to receive future notices and disclosure in
paper format and also how to withdraw your consent to receive notices and disclosures
electronically.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be abl e to use your
DocuSign user account to receive required notices and consents electronically from us or to sign
electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Pitkin County:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: susan.sullivan@pitkincounty.com
To advise Pitkin County of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at susan.sullivan@pitkincounty.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address .
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper or electronic copies from Pitkin County
To request delivery from us of paper or electronic copies of the notices and disclosures
previously provided by us to you electronically, you should request those documents from Pitkin
County under the Colorado Open Records Act by contacting the Pitkin County custodian who
sent you the document for signature. .
To withdraw your consent with Pitkin County
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to susan.sullivan@pitkincounty.com and in the body of such request
you must state your e-mail, full name, Postal Address, telephone number, and account
number.
Required hardware and software
Operating Systems: Windows2000 or WindowsXP
Browsers (for
SENDERS): Internet Explorer 6.0 or above
Browsers (for
SIGNERS): Internet Explorer 6.0, Mozilla FireFox 1.0, NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security
Settings:
Allow per session cookies
Users accessing the internet behind a Proxy Server must enable HTTP
1.1 settings via proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will have
the right to withdraw your consent.